Have Harvey Weinstein and Kevin Spacey Taken All the Fun Out of Company Holiday Parties This Year?

By Kathleen Jennings (kjj@wimlaw.com)

I saw an article recently wherein the author was lamenting how company holiday parties are not going to be any fun this year due to the heightened scrutiny toward sexual harassment caused by the accusations against Weinstein, Spacey, and other high-profile figures. As an employment attorney, my first thought was that this may be a good thing. I suppose not everyone may agree.

Let’s make one thing clear: like it or not, the company holiday party is an extension of the workplace, and therefore, the company could be liable for any actionable harassment that occurs at the holiday party or any other company function, even when it does not take place on company premises. The company wants its employees to have fun—but not so much fun that complaints of sexual harassment become a huge hangover for the company.

Keep in mind also that the issue of sexual harassment is on a lot of people’s minds and folks are talking about what kind of behavior is and is not appropriate. The best advice for all employees, but especially supervisors and managers: Don’t do anything that would make you a target of a sexual harassment claim.

Some banned behavior should be obvious:

  • Don’t grab, grope, or proposition other employees.
  • Don’t start telling a lot of dirty jokes. It’s a party, not a comedy show.
  • Don’t make comments on employees’ body parts. Yes, you can tell your co-worker that she looks lovely in her party dress, but you don’t need to tell her that she has sublimely sexy legs.

The ingestion of alcohol tends to decrease inhibitions. Excessive ingestion of alcohol can eliminate those inhibitions altogether and lead to all sorts of problems. Because of this and the desire to minimize employee drinking and driving, some companies have stopped serving alcohol at company functions, or they limit the number of adult beverages employees may imbibe at company functions.

So what does this mean for the party atmosphere? Should everyone be afraid to say or do anything for fear of a sexual harassment complaint? Of course not. Respect one another and have fun—but not too much fun!

Kathleen Jennings, Principal is a principal in the Atlanta office of Wimberly, Lawson, Steckel, Schneider, & Stine, P.C. She defends employers in sexual harassment and other employment litigation and provides training and counseling to employers in employment matters. She can be contacted at kjj@wimlaw.com.

©2017 Wimberly Lawson

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